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5 - Implementing the International Criminal Court Treaty in Africa: The Role of Nongovernmental Organizations and Government Agencies in Constitutional Reform

Published online by Cambridge University Press:  25 January 2010

Kamari Maxine Clarke
Affiliation:
Yale University, Connecticut
Mark Goodale
Affiliation:
George Mason University, Virginia
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Summary

INTRODUCTION

The persistence of violent conflicts in Africa and the world in general have resulted not only in untold human and material losses but also in egregious human rights abuses. The need to bring the perpetrators to account led to the establishment of several international tribunals to prosecute those persons and groups accused of committing gross human rights abuses. The employment of the ICC as an international justice mechanism in achieving peace, ensuring justice, and ending ongoing conflicts in Africa is now a reality. However, there is also tension between international justice mechanisms and local means of resolving ongoing and protracted conflicts in relation to the activities of the ICC in its first four investigations on the continent.

The ICC has jurisdiction to indict people accused of such international crimes as genocide, crimes against humanity, and war crimes. The Court has power to provide redress to victims and survivors of these crimes, and some argue that the mere presence of the ICC has a deterrent effect on future dictators and their collaborators. However, questions are being asked about whether the ICC alone can effectively end the conflicts or if other forms of transitional or restorative justice can be employed in achieving lasting peace and justice on the continent.

The emergence of international criminal justice regimes in Africa marks a clear departure from the past when leaders on the continent were immune from prosecution or criminal responsibility.

Type
Chapter
Information
Mirrors of Justice
Law and Power in the Post-Cold War Era
, pp. 106 - 130
Publisher: Cambridge University Press
Print publication year: 2009

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References

Odinkalu, C., “Back to the Future: The Imperative of Prioritising for the Protection of Human Rights in Africa” (2003), 47 Journal of African Law1 at 24CrossRefGoogle Scholar
Berg, S., “ICC to Investigate Central African Republic War Crimes,” Agence-France Presse, May 2007Google Scholar

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